Crime Control Model Research Articles

Revisiting packer’s models: Examining Nigeria's criminal justice system in the COVID-19 and post-COVID-19 era

This review study examines the administration of criminal justice process during and after COVID-19 era in Nigeria against the backdrop of two competing criminal justice process models: Crime control and Due Process. The outbreak of COVID-19 has pushed many countries, including Nigeria, to either reinforced or altered their criminal justice practices to reflect the reality of COVID-19. Arrest, detention and prosecution of offenders became clearly predicated only on the degree of seriousness and the overall interest of the society as against the previous practice that was predicated on ‘trump up charges’ and at the will and caprices of the operators of criminal justice system. The main question we ask here is: to what extent has COVID-19 mediated and impacted on the administration of criminal justice in Nigeria during and after the pandemic? Qualitative descriptive-narrative approach was adopted to synthesise the various data and sources (review of literature, reports from the media, reflective data and eye witness accounts) to account for what happened both during COVID-19 and post COVID-19 in the practice of criminal justice in Nigeria. Two dominant traditional ideologies/models (Crime Control and Due Process), and the less favoured one (punitive and nonpunitive victims' right models), interfaced at one point or the other and thus defined the character of criminal justice system in Nigeria 19 with crime control model however showing greater effects than others. The implication of our analysis is that during crisis, state and official's response to one of her crucial mandate oscillates and takes a paradigm shift form either mild to critical or severe as the case may be. The three models manifested in pre and COVID-19 criminal justice process eras though, crime control model remains a continuum and the dominant ideology which guides the operation of criminal justice system and process. Further implication is the imperative to improve the system by taking steps towards the direction of the non-punitive model of victims' rights which stresses crime prevention and restorative justice as the future value (ideology) for Nigerian criminal justice system.

Experiences of criminal justice: Perspectives from Wales on a system in crisis By D.Newman, R.Dehaghani, Bristol: Bristol University Press. 2023. pp. 270. £80.00 (hbk); £26.99 (pbk); £26.99 (ebk). ISBN: 9781529214222; 9781529214239; 978152914246

Experiences of criminal justice: Perspectives from Wales on a system in crisis By D.Newman, R.Dehaghani, Bristol: Bristol University Press. 2023. pp. 270. £80.00 (hbk); £26.99 (pbk); £26.99 (ebk). ISBN: 9781529214222; 9781529214239; 978152914246

SENTENCING POLICY IN INDIA

When making these "rarest of rare" decisions, judges often substitute their own personal preferences for established legal standards. That's why it's important to establish uniform rules for determining whether a situation qualifies as very unusual. The decision to carry out the death punishment must be made with all necessary diligence and sober reflection; it should not be made hastily. Therefore, the accused has no chance to redeem himself by changing his ways if he is sentenced to death. The death penalty debate highlights a plethora of interconnected problems and the muddled understanding of its penological functions. It also raises the question of whether the crime control model or the due process model of punishment is more appropriate for contemporary India.

The Illegal Wildlife Trade in Poland – Crime Control Models

Wildlife traffickindg of endangered species is an international crime that is increasing in in terms of its significance and position in the global crime hierarchy. This phenomenon is a significant subject of research for both traditional and green criminology. The representatives of green criminology, when discussing the criminal policy in matters related to green crimes, refer to its broad meaning. From this perspective, “green criminal policy” includes: a) the legal and social approach, b) a regulatory system that emphasizes social arrangements, norms and reforms in the production and consumption system; and c) a system of social interactions. Each of these models is presented in the article. In this context, the results of qualitative research on the state of the social control of illegal trade in wild fauna and flora in Poland will also be cited.

Confession and the Crime Control Model: an Analysis of Exonerated Death Penalty Cases in China

Confession and the Crime Control Model: an Analysis of Exonerated Death Penalty Cases in China

Rethinking the Blackstone Ratio with Global Public Opinion: Crime Control and Due Process

Abstract Both the Blackstone ratio and due process are cornerstones of classical philosophy in criminal law and justice around the world. However, less consideration has been paid to contemporary society and whether the public shares this theoretical approach. Using data from four waves of the International Social Survey Programme, examining public attitudes towards controlling habitual criminals and suspected terrorists across countries, I offer evidence for how preference towards authorities’ reactions (a proxy of fear of crime) affects preferences about judicial errors. My analysis shows that (i) the public supports the authorities in taking action against criminals and terrorists without a court order, though in different proportions depending on the specific means at hand; (ii) the apparent paradox of public support for the elegance of due process and fear of crime can be explained by the difficult reality of controlling criminals; (iii) absolute proponents consider type one errors to be worse and thus will not support any measures being taken, while absolute proponents consider type two errors to be worse and steps therefore need to be taken to prevent communities from the risk from crime or terrorist attacks; (iv) members of the public who favour proactive policing are significantly less likely to consider type one errors to be worse than type two; and (v) citizens across countries share the above features in a longitudinal survey. Legislators, law professors, and criminologists in transitional risk societies around the world should reconsider their justification of anti-Blackstonian theory and the crime control model.

Coping with the undesired consequences of jury reform: How does the Russian criminal justice system control an acquittals spike over the reform 2018-2020?

The historical development of the Soviet-Russian Criminal Justice System shows that there are ongoing negative attitudes towards acquittals amongst law enforcement agencies in Russia. Each period of acquittal rate rise is scrupulously monitored and controlled. Today, an acquittals spike in modern Russia is happening by virtue of Jury Reform, which has broadened the jury trial to the level of District Courts. By drawing on qualitative data from the observation of trials by jury, this paper explores the set of strategies and tactics, which the Criminal Justice System deploys to increase chances of reaching a guilty verdict by jury. The most frequently used strategies include manipulation in communication, trial “recursion”, trial acceleration, and system’s learning. The theoretical basis of research acknowledges N. Luhmann’s theory of autopoietic social systems and the Crime Control Model of H. Packer.

Concept, System and Principles of Crime Prevention

This article raises two main questions. The first concerns the current idea that punishment ‒ conceived as the loss of liberty ‒ has an effect in preventing unlawful behaviour. It can be shown that, in general, sanctions have a poor individual preventive effect. As to general prevention, punishment may be expected to have a deterrent effect when the unlawful behaviour is the result of a rational decision, that is, a decision based on a cost-benefit analysis. However, a wide variety of factors, from group support to situational and systemic factors, may very well counteract the threatening effect of the sanction. The second question concerns the crime control model focusing on having an efficient system, with the most important function control crime to ensure that society is safe and there is public order. Under this model, controlling crime is more important to individual freedom. This model is a more conservative perspective to protect society and make sure individuals feel free from the threat of crime. The results of this research underline the necessity for new concepts, including situational crime prevention, that must be accommodated within the academic and political discourses on crime control. Keywords: public order, crime prevention, crime control

Wrongful Convictions and Erroneous Acquittals: Applying Packer's Model to Examine Public Perceptions of Judicial Errors in Australia.

The fallible nature of the criminal justice system continues to see judicial errors-that is, wrongful convictions and erroneous acquittals-undermine its integrity, efficacy, and legitimacy. Public perceptions of judicial errors are important contributors to criminal justice policy and reforms. The current study utilizes the 2016 Australian Survey of Social Attitudes (AuSSA) dataset to examine public attitudes toward judicial errors. It applies Herbert Packer's crime control and due process models to understand how concerns around procedural safeguards and public safety are associated with public perceptions toward judicial errors. Packer's model has been challenged by studies, which theorize that the models are not mutually exclusive. Yet, they have not been empirically tested in this context, which is a gap this study seeks to fill. Findings show that due process and crime control concerns shape public attitudes toward wrongful convictions and challenge the notion that Packer's models be applied on a continuum.

From Crime Control Model to Due Process Model: A Critical Study of Wiretapping Arrangement by the Corruption Eradication Commission of Indonesia

This study compares three formal criminal laws on the corruption act to show the importance of due process model for wiretapping/lawful interception in Indonesia. Investigators of Indonesian Corruption Eradication Commission (KPK) assume that the implementation of wiretapping based on the due process model decelerate the performance and independence of corruption eradication. The problem particularly happens on the execution of caught in the act operation. This study covers the design of wiretapping on corruption case linked with the due process model as an effort to guarantee the right of privacy. Firstly, legislators accentuated an effective corruption eradication, which highlights the implementation of the crime control model. Secondly, the latest amendment to the Law on Corruption Eradication Commission of Indonesia alters wiretapping to become a procedural activity for stronger synergy among the law enforcement institutions. The regulation of wiretapping as a method to reveal corruption case in Indonesia does not adhere to the due process model entirely. The wiretapping still tends to deal with stages of preliminary-investigation, investigation, prosecution, and the execution of internal approval process.

Special Investigative Techniques For Human Trafficking Investigation In Ethiopia

The police have the responsibility to balance public protection from harm by respecting the human rights of suspects during prevention and investigation. However, it is difficult to achieve absolute balance because it is determined based on the police because the process or model of crime control, especially in the case of special investigative techniques, is a confidential investigation of serious crimes based on the principles of legality, necessity, proportionality, and adequate protection. The purpose of the doctrinal article evaluates the role of special crime investigation techniques for human trafficking in Ethiopia. Data is collected through document review and interviews with crime investigators, intentionally and in direct contact. Qualitative research and descriptive design. The collected data is analyzed thematically. Research findings that there are some special investigative technical provisions in FDRE criminal justice policies, human trafficking and smuggling of migrant proclamations. However, this legal basis is not as comprehensive as specific types of investigation techniques, who did it and for how long, the requirements for doing this were not answered. Therefore, the House of Representatives must make a law covering all specific investigative techniques for human trafficking in Ethiopia. The Attorney General must also create public awareness about it.

Special Investigate Techniques for Human Trafficking Investigation in Ethiopia

The police have the responsibility to balance public protection from harm by respecting the human rights of suspects during prevention and investigation. However, it is difficult to achieve absolute balance because it is determined based on the police because the process or model of crime control, especially in the case of special investigative techniques, is a confidential investigation of serious crimes based on the principles of legality, necessity, proportionality, and adequate protection. The purpose of the doctrinal article evaluates the role of special crime investigation techniques for human trafficking in Ethiopia. Data is collected through document review and interviews with crime investigators, intentionally and in direct contact. Qualitative research and descriptive design. The collected data is analyzed thematically. Research findings that there are some special investigative technical provisions in FDRE criminal justice policies, human trafficking and smuggling of migrant proclamations. However, this legal basis is not as comprehensive as specific types of investigation techniques, who did it and for how long, the requirements for doing this were not answered. Therefore, the House of Representatives must make a law covering all specific investigative techniques for human trafficking in Ethiopia. The Attorney General must also create public awareness about it.

Special Investigative Techniques For Human Trafficking Investigation In Ethiopia

Purpose of the study: The police have the responsibility of balancing the protection of the public from harm with respecting the human right of the suspect during the prevention and investigation of crimes. However; it is difficult to strike absolute balances since it is determined based on government police is due process or crime control model especially the case of special investigation techniques, which are the covert means of investigation of serious crime and criminals based on the principles of legality, necessity, proportionality, and adequate safeguard. The purpose of this doctrinal article is to evaluate the role of special crime investigation techniques for drug trafficking in Ethiopia.
 Methodology: Data were collected through document review and interview crime investigators, who were selected purposively since they have a direct relation. This is qualitative research and descriptive design. The collected data were analyzed thematically.
 Findings: The findings of this research revealed that there are some provisions of special investigation techniques in FDRE criminal justice policy, anti-human trafficking, and smuggling of migrant proclamation. However, these legal bases are not comprehensive such as the types of special investigation techniques, who conduct it, and how long the requirements to conduct these were not answered.
 Application: Therefore, the house of people representative should enact all-inclusive law on special investigation techniques for human trafficking in Ethiopia. The general attorney also should create awareness to the public about it.
 Novelty: Human trafficking investigation is challenging ous in Ethiopia, and nobody studied it. Therefore, this study may use as reference material for students’; the government may use it as input for policy and lawmakers.

Due Process vs Crime Control Models of Justice

Criminologists argue whether the U.S. justice system operates from a model of due process or crime control. As American citizens, the Constitution ensures that we have due process rights when faced with a criminal trial, including but not limited to protection from unreasonable search and seizure; a fair and speedy trial before a jury of our peers; and protection from self-incrimination. In contrast, crime control efforts often supersede these due process rights through plea-bargaining, in addition to other practices. This research evaluates the due process versus crime control models of justice to determine which approach is most evident in today’s criminal justice practices, and which is most appropriate to ensure justice.

CONCILIATING AGREEMENT AS A NEW BASIS FOR EXEMPTION FROM CRIMINAL RESPONSIBILITY AND CLOSURE OF CRIMINAL CASES OF MINORS

The author of the article came to the conclusion that there are two competing models of criminal procedure policy: the model of due process and the model of crime control. Restorative justice was supported in the second half of the 20th century. The restorative approach to justice was a natural result of the trends in the criminal process humanization, private and public interest, acceleration and simplification of criminal proceedings. The author sees the consistent consolidation of the basic ideas of restorative justice in international acts. The introduction of restorative technologies in the criminal proceedings of many foreign countries began with changes in juvenile justice. The author of the article formulates proposals for restoring the institution of exemption from criminal liability of minors and for applying mediation in terminating a criminal case in connection with the reconciliation of the parties (Article 25 of the Code of Criminal Procedure of the Russian Federation).

Wrongful Convictions and the State Risk Harm Paradigm

What has been seen in the last thirty-five years is a significant shift in the psyche of contemporary society. Beck’s theory of “risk society” has captured the concerns of governments and its institutions to focus fears on risks and insecurity. Within the criminal justice context, this has led to the pervasive consciousness that crime has become part of the everyday experience to be controlled by risk management techniques framed within Foucault’s concept of “governmentality.” Crime has become a ubiquitous risk that must be routinely assessed and managed. This shift in criminological thought has also been seen in the move away from the liberal ideals of due process to the favoring of public protection over the rights of individuals found within the normative model of crime control. The problem in this devaluation of due process is the consequent imbalance of power between the individual and the State. Due process rights are enshrined in the Charter to protect against this imbalance and are never more important than when loss of liberty is at stake, most particularly when the errors due to the constriction of these rights contribute to the acknowledged systemic factors that lead to wrongful convictions.

Electronic Tagging as a Crime Control Model in Malaysia: A Way Forward

The aim of electronic tagging in Malaysia can be divided into two, a tool for monitoring under the preventive laws such as the Prevention of Crime Act 1959 (POCA), Prevention of Terrorism Act 2015 (POTA) and a substitution for bail pending trial and appeal. Arguably, under the POCA 1959 and POTA 2015, the ordinary criminal procedures prescribed under Criminal Procedure Code is not fully applicable, and there are special procedures provided for the disposal of cases which upon conviction, could lead to attachment of an electronic monitoring device (EMD) to the body of the person. The consequences of a conviction under these Acts are; registration of the name in the Register of Criminal, subject to police supervision with the attachment of EMD (with or without house curfew) and worst, detention. In this paper, the authors will analyze the special procedures under POCA and POTA in line with the aim of controlling crime and highlight the possible issues which may arise concerning fundamental liberty of the person ordered to be attached with tagging as well as right to fair and public hearing under Article 10 of Universal Declaration of Human Rights and natural justice.

Regulating Crime: The Birth of the Idea, Its Nurture, and the Implications for Contemporary Criminology

This volume’s contention that regulations have a powerful role in crime control contradicts the prevailing positivism of criminology—that is, the contention that criminality is largely explained by criminals’ past experiences. This article draws upon recent critiques of positivism and explains the implications for contemporary criminology. It begins by describing the ideas of a London magistrate, Patrick Colquhoun, about the determinants of crime and the best means of its control. Colquhoun’s writings were the first developed discussion of regulating crime, but they were soon eclipsed by positivist thinking. I list numerous weakness of positivism and argue that, instead of seeing offenders’ behavior as determined by their past, greater account should be taken of the situational inducements and opportunities to commit crime that they encounter in their everyday lives. Instead of positivism, the dominant model of criminology and crime control should be a neoclassicist, bounded rational choice model, which would introduce situational design and management changes to restrict offenders choices and modify behavior. That change in orientation would open limitless opportunities for criminologists.

The Due Process and Crime Control Models of Criminal Justice

This essay has as main target the study of structures, functions,duties and rules of government agencies in charge of criminal lawenforcement, which perform their multiple roles as soon as a crimeis committed. Since the first attendance by the police forces, untilthe definitive sentence by the highest Criminal Court, several andcomplex individual and social rights are involved, aiming at both avalid investigation as a fair trial. First, some important questions willbe focused: what are all the agencies and institutions that constitute theso-called ‘criminal justice system’? Do they operate properly towardeach others? Do they constitute a true system? Then, by analyzingthe criminal process models and crime control patterns, and seekingto establish the necessary balance between public interests and civilliberties, the essay shall study the key features and problems relatedwith the criminal punishment, understood as the most violent – butnecessary – government interference in the citizen´s life. Finally, asthe core concern of this work, it will be explained how (and if) theCriminal Justice System is able to be effective for the community safetyand respectful towards the individual rights, at the same time.

Privacy and the Criminal Process: Selvi v State of Karnataka

In Selvi v State of Karnataka, the Supreme Court of India declared that three prominent police interrogation techniques narco-analysis, the lie-detector test, and brain-mapping - violated an accused person’s right against self-incrimination under Article 20(3), and her right to life and personal liberty under Article 21 of the Constitution. In this essay, I shall argue that Selvi was a transformative judgment because of the way in which it understood and articulated the relationship between the individual and the State in the context in which the imbalance of power between the two is at its highest: when the individual is an accused criminal, and the State is the interrogator. I shall begin by describing two competing philosophies that underlie criminal legal regimes: the crime-control model, which views the accurate solving of crime to be the highest goal of the law, and the due process model, which holds that even for the detection of crime, there are lines that the State cannot cross – lines grounded in the belief that certain individual rights are inviolable (I); I shall then demonstrate how the Supreme Court’s early judgments on Article 20(3) were delivered within the framework of the crime-control model (II), and how Selvi departed from this understanding in its interpretation of the words “voluntary” and “compelled” (III). I shall conclude by contending that Selvi’s embrace of the due process model is correct in light of our pre-constitutional experience of an authoritarian State and the decision of the framers to elevate the guarantee of self-incrimination from a procedural safeguard to a constitutional right (IV). Furthermore, it has important implications for our understanding of the limits that the Constitution and the Code of Criminal Procedure impose upon the police and upon the criminal investigation process (V).